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  • The husband and wife had been engaged in highly acrimonious and litigious financial remedy proceedings since late 2019. This hearing concerned the husband's application for the wife to pay, on an indemnity basis, his costs of a preliminary issue regarding the beneficial ownership of five ships and whether the couple were indebted to the second to sixth respondents. The latter issue had been settled following a payment from those respondents to the wife. Lieven J stated that the wife's conduct had been "fairly extraordinary". She had alleged a conspiracy to defraud her of millions of pounds of matrimonial assets, and then decided not to pursue those allegations, having already put the husband to enormous expense and depriving him of the chance to clear his name. It was a basic principle, said Lieven J, that fraud should not be pleaded without sufficient evidence. Where a party pleaded fraud, and then withdrew that claim, the argument that they should pay the other party's costs was even stronger than in the withdrawal of other types of claim. The wife would pay the husband's costs of and occasioned by the preliminary issues on an indemnity basis. Judgment, 15/01/2021, free
  • Live webinar to be broadcast 1pm-2pm, on Tuesday 12th January 2021. News, 18/12/2020, free
  • An application by the former husband for permission to appeal out of time against the order for him to pay to the wife a lump sum of £3.09m, as well as periodical payments of £4,750 per calendar month and other amounts. The husband argued that he could not afford to meet the terms of the order, and that the judge had taken half the value of the husband’s shareholdings in two private companies with no evidence-based indication as to how the husband would be able to raise the required lump sum. The wife's position was that the appeal was not just out of time, but hopelessly so, and that the evidence at trial had indicated that the husband had been planning to sell his business interests in order to satisfy the lump sum payment, rather than relying upon dividends. In Mr Recorder Salter's judgment, the delay here was "serious and lacking in any good explanation". He had no hesitation in reaching the conclusion that he was unable to grant relief from sanctions and that accordingly the application for permission to appeal had to be dismissed. Judgment, 21/11/2020, free
  • Three applications were before the court: the wife's application for disclosure from the eighth and ninth respondents, in support of her claims under section 423 of the Insolvency Act 1986 and section 37 of the Matrimonial Causes Act 1973; an application by five respondents to be released from their obligations under previous orders; and an application by the eighth and ninth respondents for a case management stay of the proceedings pending the outcome of proceedings in Liechtenstein. Knowles J found that the orders for disclosure directed at the eighth and ninth respondents were necessary to justly and fairly determine the wife's properly brought claim, even though those orders might be contrary to civil and criminal law in Liechtenstein. The risk of prosecution in Liechtenstein was little more than purely hypothetical. The absence of the material in question would very substantially interfere with the wife's ability to pursue her claim and would hamper the court's ability to determine the proceedings fairly. Knowles J refused the application to set aside and vary the previous orders, and refused the application for a stay of the proceedings. Judgment, 17/08/2020, free
  • The parties had lived together with their three children and were equal shareholders in a motor vehicle repair and servicing company. After they broke up, the male partner had transferred the business of the company to a new limited company, without the agreement of the female partner. He was subsequently ordered to purchase her shareholding because of unfair prejudice. The court was petitioned to take a summary approach as to valuation, as far as could be reasonably achieved. Difficulties included the lack of up-to-date financial information, the upcoming expiry of a lease and the effects of the coronavirus. ICC Judge Jones decided that a valuation of £45,500 would be a fair sum, being £26,000 for anticipated dividends and £19,500 for a multiplier. Although this was part of the process of splitting assets to establish a future for the parties and their children, the petitioner could only receive what the respondent was able to pay, and thus it was important for the parties to communicate, to try to resolve how the valuation could best be paid. Judgment, 29/07/2020, free

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